HC refuses to quash bribery FIR against Tehsildar, clears way for CBI chargesheet

13/08/2026

JAMMU, Aug 12: The High Court of Jammu & Kashmir and Ladakh has dismissed a petition filed by Tehsildar Rohit Sharma seeking quashing of a corruption FIR and constitution of a Special Investigation Team, clearing the way for the Central Bureau of Investigation (CBI) to file its chargesheet before the competent court.
Justice M.A. Chowdhary, while dismissing the petition, held that the petitioner had failed to make out any ground warranting interference in the investigation, which was initially conducted by the J&K Anti-Corruption Bureau and subsequently transferred to the CBI.
The Court also vacated the interim directions operating in the matter.
The case relates to FIR No. 02/2022, registered on November 14, 2022 under Section 7 of the Prevention of Corruption Act, following a complaint alleging that Sharma, then Tehsildar Bahu, had demanded a bribe of Rs. 2 lakh in connection with issuance of a fard intikhab in favour of the complainant's mother.
According to the prosecution case recorded in the judgment, an ACB trap team subsequently caught the petitioner allegedly red-handed with Rs. 50,000 at the Tehsil Office, Bahu, Jammu.
He was arrested and later granted bail by the High Court on November 21, 2022. The investigation was subsequently transferred first to the jurisdictional ACB unit and later to the CBI by the J&K Government on January 18, 2023.
Sharma challenged the FIR, alleging that the trap was false and fabricated and that he had been implicated because of previous hostility with the complainant.
He also questioned the territorial jurisdiction of ACB Rajouri in registering the case and sought constitution of an SIT comprising officers of "undisputed reputation, honesty and professional brilliance".
The High Court rejected the jurisdictional objection, holding that a criminal case registered beyond territorial jurisdiction cannot be quashed merely on that ground.
The Court referred to Section 156(2) CrPC and observed that police proceedings cannot be challenged simply because the officer concerned may not have had territorial jurisdiction to investigate the offence.
The Court noted that ACB Headquarters had transferred the investigation to the jurisdictional Jammu unit on November 15, 2022, a day after the trap. The case was subsequently handed over to the CBI, which re-registered the matter and completed its investigation.
The High Court also took note of the CBI's status report, according to which forensic examination found that the voice samples of the complainant and accused matched.
The agency had also examined CCTV footage and concluded that sufficient material was available indicating demand, motive and recovery of illegal gratification. The CBI had thereafter sought sanction for prosecution.
The Court rejected the petitioner's contention that the complaint was motivated by previous enmity.
It observed that whether the complaint was actuated by mala fides was a matter of evidence and trial and could be tested by the defence through cross-examination.
Mere existence of a previous dispute, the Court held, would not by itself justify quashing an FIR where the allegations disclose a prima facie cognizable offence.
On the demand for constitution of an SIT, Justice Chowdhary reiterated the settled principle that an accused cannot dictate the choice of the investigating agency or claim a court-monitored investigation as a matter of right.
The Court also noted that the CCTV footage sought by the petitioner had already been secured and made part of the CBI investigation.
Finding the petition "without any merit and substance", the High Court dismissed it along with all connected applications and permitted the CBI to lay the chargesheet before the competent court.
Senior Advocate Sunil Sethi, assisted by Advocate Parimoksh Seth, appeared for the petitioner, while AAG Raman Sharma, assisted by Saliqa Sheikh, represented the UT/ACB. Senior Advocate Monika Kohli, assisted by Nazia Fazal, appeared for the CBI.

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